Public Notice TEL01655

International Telecommunications

Action Taken Public Notice

2014-02-06

FCC.report > IB > Public Notices > TEL01655

12 Filings Included [expand]

IBFS_PN_1034419

PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET S.W. WASHINGTON D.C. 20554 News media information 202-418-0500 Internet: http://www.fcc.gov (or ftp.fcc.gov) TTY (202) 418-2555 DA No. 14-147 Report No. TEL-01655 Thursday February 6, 2014 International Authorizations Granted Section 214 Applications (47 C.F.R. § 63.18); Section 310(b) Requests The following applications have been granted pursuant to the Commission’s streamlined processing procedures set forth in Section 63.12 of the Commission’s rules, 47 C.F.R. § 63.12, other provisions of the Commission’s rules, or procedures set forth in an earlier public notice listing applications accepted for filing. Unless otherwise noted, these grants authorize the applicants (1) to become a facilities-based international common carrier subject to 47 C.F.R. § 63.22; and/or (2) to become a resale-based international common carrier subject to 47 C.F.R. § 63.23; or (3) to exceed the foreign ownership benchmark applicable to common carrier radio licensees under 47 U.S.C. § 310(b). THIS PUBLIC NOTICE SERVES AS EACH NEWLY AUTHORIZED CARRIER'S SECTION 214 CERTIFICATE. It contains general and specific conditions, which are set forth below. Newly authorized carriers should carefully review the terms and conditions of their authorizations. Failure to comply with general or specific conditions of an authorization, or with other relevant Commission rules and policies, could result in fines and forfeitures. Petitions for reconsideration under Section 1.106 or applications for review under Section 1.115 of the Commission's rules in regard to the grant of any of these applications may be filed within thirty days of this public notice (see Section 1.4(b)(2)). An updated version of Sections 63.09–.25 of the rules, and other related sections, is available at http://www.fcc.gov/ib/pd/pf/telecomrules.html. For additional information, please contact the FCC Reference and Information Center, Room CY-A257, 445 12th Street SW, Washington, D.C. 20554, (202) 418-0270. ITC-214-20140107-00004 E Houston Opportunity Fund, LLC International Telecommunications Certificate Service(s): Global or Limited Global Facilities-Based Service, Global or Limited Global Resale Service Grant of Authority Date of Action: 01/31/2014 Application for authority to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission’s rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission’s rules, 47 C.F.R. § 63.18(e)(1), (2). Page 1 of 5

ITC-ASG-20140130-00021 E AT&T Corp. Assignment Grant of Authority Date of Action: 02/05/2014 Current Licensee: SNET Diversified Group, Inc. FROM: SNET Diversified Group, Inc. TO: AT&T Corp. Notification filed January 30, 2014, of the pro forma assignment of international section 214 authorization, ITC-214-19960917-00451 (Old File No. ITC-96-53), from SNET Diversified Group, Inc. (SNET Diversified) to AT&T Corp., effective December 31, 2013. In an internal reorganization, (1) the shares of SNET Diversified were distributed from AT&T Teleholdings, Inc. to its parent, AT&T Inc.; (2) AT&T Inc. then contributed its ownership of SNET Diversified to AT&T Corp, a wholly-owned subsidiary of AT&T Inc.; and (3) then SNET Diversified was merged into AT&T Corp. with AT&T Corp. being the surviving entity. All entities are owned and controlled by AT&T, Inc., a publicly traded company in which no entity or individual holds a 10% or greater ownership interest. ITC-T/C-20131230-00345 E Ropir Communications, Inc. Transfer of Control Grant of Authority Date of Action: 01/31/2014 Current Licensee: Ropir Communications, Inc. FROM: Billie K Pirnie Revocable Living Trust TO: Robert E Gilpin Application filed for consent to the transfer of control of international section 214 authorization, ITC-214-19960207-00059, held by Ropir Communications, Inc. (RCI), from Billie K. Pirnie (Mrs. Pirnie) to Robert E. Gilpin as personal representative of the Estate of Billie K. Pirnie. RCI is wholly-owned by Ropir Industries, Inc. (Ropir Industries). Mrs. Pirnie was the President of RCI and Ropir Industries and exercised control from early 1996 until her death in 2011. From 1996 to 2003 her ownership in Ropir Industries increased from 44.24% to 100% in a series of stock transfers whereby various family members surrendered stock of Ropir Industries for redemption by the company. By October 7, 2003, Mrs. Pirnie owned 100% of the then issued and outstanding stock of Ropir Industries, which she directed to the Billie K. Pirnie Revocable Living Trust, of which Robert E. Gilpin (Mr. Gilpin), a U.S. citizen, was named the successor trustee. Mrs. Pirnie continued to hold control of the RCI. Mrs. Pirnie died October 22, 2011, and Mr. Gilpin became personal representative of the Estate of Billie K. Pirnie, and in that role obtained control over Ropir Industries and RCI. None of these transactions were reported to or approved by the Commission. Applicant filed a request for Special Temporary Authority (STA) related to this transaction, ITC-STA-20131230-00350, which was granted on December 31, 2013. This authorization is without prejudice to the Commission's action in any other related pending proceedings. ITC-T/C-20140116-00011 E Hibernia Atlantic U.S. LLC Transfer of Control Grant of Authority Date of Action: 02/05/2014 Current Licensee: Hibernia Atlantic U.S. LLC FROM: Hibernia Atlantic U.S. LLC TO: Hibernia Atlantic U.S. LLC Notification filed January 16, 2014, of the pro forma transfer of control of international section 214 authorization, ITC-214-20090612-00283, held by Hibernia Atlantic U.S. LLC (Hibernia Atlantic), from its 100% direct parent, Hibernia Group ehf (Hibernia Group), to Hibernia NGS Limited (Hibernia NGS), effective July 24, 2013. In an intra-corporate transaction, a new holding company was inserted into the ownership chain. Prior to the transaction, Columbia Ventures Corporation (CVC) held an 83% direct interest in Hibernia Group and CVC III Hibernia Blocker, Inc. (CV Hibernia) held a 17% direct interest in Hibernia Group. In the transaction, Hibernia NGS was inserted between Hibernia Group and its owners - CVC and CV Hibernia. Hibernia Group is now a wholly-owned direct subsidiary, and Hibernia Atlantic is an indirect wholly-owned subsidiary, of Hibernia NGS, and CVC and CV Hibernia now hold the same ownership interests in Hibernia NGS that they previously held in Hibernia Group, i.e., 83% and 17%, respectively. Dismissal ITC-214-20130823-00224 NGP Tele, Inc. Application hereby dismissed by Chief, Policy Division, International Bureau on February 5, 2014, pursuant to sections 1.748(a) and 63.51(b) of the Commission's rules, 47 CFR 1.748(a), 63.51(b), for failure to respond to the Commission's request for information. This dismissal is without prejudice to re-filing the application in accordance with the Commission's rules. INFORMATIVE ITC-214-20000927-00570 tw telecom holdings inc. By letter dated January 22, 2014, Applicant notified the Commission that tw telecom of arizona llc. will be discontinuing its iComplete Dynamic ATM service on or after March 12, 2014. Page 2 of 5

INFORMATIVE ITC-214-20121106-00284 Telefonica Digital, Inc. (f/k/a Jajah, Inc.) By letter dated November 15, 2013, Applicant notified the Commission that Telefonica Digital, Inc. (d/b/a Jajah) will be discontinuing its wholesale international telecommunications service as of January 1, 2014. By letter dated December 13, 2013, Applicant notified the Commission that Telefonica Digital, Inc. (d/b/a Jajah) will be discontinuing its retail international telecommunications service as of January 31, 2014. ITC-214-20130718-00195 VTA Telecom Corporation By letter dated January 5, 2014, the Commission was notified that Viettel America Corporation has changed its name to VTA Telecom Corporation. ITC-214-20131028-00298 Vodafone US Inc. By letter dated January 30, 2014, the Commission was notified that 3Vodafone Global Enterprise Inc. has changed its name to Vodafone US Inc. SURRENDER ITC-214-19890926-00004 Teleport Communications America, LLC By letter filed January 14, 2014, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-19951212-00056 TC Systems, Inc. By letter filed January 14, 2014, Applicant notified the Commission of the Surrender of its international section 214 authorization. ITC-214-19970814-00493 Teleport Communications America, LLC By letter filed January 14, 2014, Applicant notified the Commission of the Surrender of its international section 214 authorization. Page 3 of 5

CONDITIONS APPLICABLE TO INTERNATIONAL SECTION 214 AUTHORIZATIONS (1) These authorizations are subject to the Exclusion List for International Section 214 Authorizations, which identifies restrictions on providing service to particular countries or using particular facilities. The most recent Exclusion List is at the end of this Public Notice. The list applies to all U.S. international carriers, including those that have previously received global or limited global Section 214 authority, whether by Public Notice or specific written order. Carriers are advised that the attached Exclusion List is subject to amendment at any time pursuant to the procedures set forth in Streamlining the International Section 214 Authorization Process and Tariff Requirements, IB Docket No. 95-118, 11 FCC Rcd 12884 (1996), para. 18. A copy of the current Exclusion List will be maintained in the FCC Reference and Information Center and will be available at http://www.fcc.gov/ib/pd/pf/telecomrules.html#exclusionlist. It also will be attached to each Public Notice that grants international Section 214 authority. (2) The export of telecommunications services and related payments to countries that are subject to economic sanctions may be restricted. For information concerning current restrictions, call the Office of Foreign Assets Control, U.S. Department of the Treasury, (202) 622-2520. (3) Carriers shall comply with the requirements of Section 63.11 of the Commission's rules, which requires notification by, and in certain circumstances prior notification by, U.S. carriers acquiring an affiliation with foreign carriers. A carrier that acquires an affiliation with a foreign carrier will be subject to possible reclassification as a dominant carrier on an affiliated route pursuant to the provisions of Section 63.10 of the rules. (4) A carrier may provide switched services over its authorized resold private lines in the circumstances specified in Section 63.23(d) of the rules, 47 C.F. R. § 63.23(d). (5) Carriers shall comply with the "No Special Concessions" rule, Section 63.14, 47 C.F.R. § 63.14. (6) Carriers regulated as dominant for the provision of a particular communications service on a particular route for any reason other than a foreign carrier affiliation under Section 63.10 of the rules shall file tariffs pursuant to Section 203 of the Communications Act, as amended, 47 U.S.C. § 203, and Part 61 of the Commission's Rules, 47 C.F.R. Part 61. Carriers shall not otherwise file tariffs except as permitted by Section 61.19 of the rules, 47 C.F.R. § 61.19. Except as specified in Section 20.15 with respect to commercial mobile radio service providers, carriers regulated as non-dominant, as defined in Section 61.3, and providing detariffed international services pursuant to Section 61.19, must comply with all applicable public disclosure and maintenance of information requirements in Sections 42.10 and 42.11. (7) Carriers shall file the annual reports of overseas telecommunications traffic required by Section 43.61(a). (8) Carriers shall file annual reports of circuit status required by Section 43.82. This requirement applies to facilities-based carriers and private line resellers, respectively. See also http:www.fcc.gov/ib/pd/pf/csmanual.html. (9) Carriers should consult Section 63.19 of the rules when contemplating a discontinuance, reduction or impairment of service. (10) If any carrier is reselling service obtained pursuant to a contract with another carrier, the services obtained by contract shall be made generally available by the underlying carrier to similarly situated customers at the same terms, conditions and rates. 47 U.S.C. § 203. (11) To the extent the applicant is, or is affiliated with, an incumbent independent local exchange carrier, as those terms are defined in Section 64.1902 of the rules, it shall provide the authorized services in compliance with the requirements of Section 64.1903. (12) Except as otherwise ordered by the Commission, a carrier authorized here to provide facilities-based service that (i) is classified as dominant under Section 63.10 of the rules for the provision of such service on a particular route and (ii) is affiliated with a carrier that collects settlement payments for terminating U.S. international switched traffic at the foreign end of that route may not provide facilities-based switched service on that route unless the current rates the affiliate charges U.S. international carriers to terminate traffic are at or below the Commission's relevant benchmark adopted in International Settlement Rates, IB Docket No. 96-261, Report and Order, 12 FCC Rcd 19806 (1997). See also Report and Order on Reconsideration and Order Lifting Stay in IB Docket No. 96-261, FCC 99-124 (rel. June 11, 1999). For the purposes of this rule, "affiliated" and "foreign carrier" are defined in Section 63.09. Exclusion List for International Section 214 Authorizations Page 4 of 5

Exclusion List for International Section 214 Authorizations The following is a list of countries and facilities not covered by grant of global Section 214 authority under Section 63.18(e)(1) of the Commission's Rules, 47 C.F.R. § 63.18(e)(1). Carriers desiring to serve countries or use facilities listed as excluded hereon shall file a separate Section 214 application pursuant to Section 63.18(e)(3) of the Commission's Rules. See 47 C.F.R. § 63.22(c). Countries: Cuba (Applications for service to Cuba shall comply with the separate filing requirements of the Commission's Public Notice, DA 10-112, dated January 21, 2010, "Modification of Process to Accept Applications for Service to Cuba and Related Matters.") Facilities: All non-U.S.-licensed satellite systems that are not on the Permitted Space Station List, maintained at http://www.fcc.gov/ib/sd/se/permitted.html. This list is subject to change by the Commission when the public interest requires. A current version of this list is maintained at http://www.fcc.gov/ib/pd/pf/telecomrules.html#exclusionlist. For additional information, contact the International Bureau's Policy Division, (202) 418-1460. Page 5 of 5


Document Created: 2014-02-05 17:09:05
Document Modified: 2014-02-05 17:09:05
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